What kind of contract term is the notice

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Reference no: EM132179607

Subject: Legal Aspect of Contract

Case Study –Exclusion of Liability Clauses

Ahmed finds his usual parking place on an empty piece of land has been blocked off. Instead, he goes for the first time to a car parking building. A notice just inside the entrance to the carpark states:

‘The company will not be responsible for death, personal injury, damage to vehicles, or theft from them, due to any act or default of its employees or any other cause whatsoever.’

Ahmed receives a ticket when he enters the carpark which refers him to the contents of this notice.

When Ahmed returns to collect his car, he finds it has been stolen. He goes to report this to the carpark attendant and is injured when the attendant negligently allows the barrier to fall on Ahmed’s head.

Advise Ahmed as to the following:

1. What kind of contract term is the notice? Exclusion clause

2. Has the notice been incorporated into the contract? When is a contract formed at a carpark? Did he see the notice before that time?

3. What meaning will be given to the words used in the notice? Apply the contra proferentum rule?

4. What is the effect on the notice of the Consumer Rights Act 2015? Please refer to the sections of the Act which apply?

Note: in the above question the bold requirements are important to do.

Reference no: EM132179607

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